Except where specifically defined herein, all
words used in this chapter shall carry their customary meanings:
APPLICANT
A person or entity who files an application for a permit
under this chapter or a person to whom a wetlands permit has been
given.
DEPOSIT
To fill, grade, place, disturb, or dump any material.
DISCHARGE
The emission of any water, substance, or material into a
wetland or wetland buffer whether or not such substance causes pollution.
DREDGE
To dig out and remove any material.
HYDRIC SOIL
Soil that is saturated, flooded or ponded long enough during
the growing season to develop anaerobic conditions in the upper part,
and as further defined by the technical publication, Federal Manual
for Identifying and Delineating Jurisdictional Wetlands (1989), which
manual shall be available for inspection in the Town Conservation
and Building Departments.
HYDROPHYTIC VEGETATION
Macrophytic plant life growing in water, on soils, or substrate
that is at least periodically anaerobic as a result of excessive water
content, and as further defined by the technical publication, Federal
Manual for Identifying and Delineating Jurisdictional Wetlands (1989),
which manual shall be available for inspection in the Town Conservation
and Building Departments.
MATERIAL
Substances including, but not limited to, soil, silt, gravel,
rock, sand, clay, peat, mud, debris and refuse; any organic or inorganic
compound, chemical agent or matter; sewage sludge or effluent, including
stormwater runoff; or industrial or municipal solid waste.
MITIGATION PLAN
The plan prepared by the applicant pursuant to §
114-7 when the applicant has demonstrated that either the losses or impacts to the wetland, watercourse, or wetland/watercourse buffer are necessary and unavoidable as defined in §
114-2 and have been minimized to the maximum extent practicable.
POLLUTION
Any harmful thermal effect or the contamination or rendering
unclean or impure of any wetland or waters by reason of erosion or
by any waste or other materials discharged or deposited therein.
STRUCTURE
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground, including but not limited to signs, tennis courts and
swimming pools.
WATERCOURSE
Any natural or artificial, permanent or intermittent, coastal
or inland, public or private water body or water segment, such as
ponds, lakes, reservoirs, rivers, streams, brooks or waterways, which
is contained within, flows through, or borders on the Town of Mamaroneck
but shall not include structures as defined by law.
WETLAND HYDROLOGY
The sum total of wetness characteristics in areas that are
inundated or have saturated soils for a sufficient duration to support
hydrophytic vegetation.
WETLANDS
Any area which meets one or more of the following criteria:
A.
Lands and waters of the state that meet the
definition provided in § 25-0103.1 of the New York State
Tidal Wetlands Act (Article 25 of the Environmental Conservation Law).
The approximate boundaries of such lands and waters are indicated
on the official tidal wetlands inventory promulgated by the Commissioner
pursuant to § 25-0201 of the Act or such an inventory that
has been amended or adjusted pursuant to § 25-0201.6 of
said Act.
B.
All other areas, 2,500 square feet or larger,
that comprise hydric soils or are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support,
and under normal circumstances do support, a prevalence of hydrophytic
vegetation, as defined by the technical publication, Federal Manual
for Identifying and Delineating Jurisdictional Wetlands (1989), which
manual shall be available for inspection in the Town Conservation
and Building Departments.
C.
All areas designated as wetlands or watercourses
on the Wetlands and Watercourses Map.
WETLANDS AND WATERCOURSES MAP
The Town of Mamaroneck Freshwater Wetlands Map, dated December
1986, or the New York State Department of Environmental Conservation
Tidal Wetlands Map or such map as has been amended or adjusted and
on which are indicated the approximate boundaries of the known wetlands,
watercourses and wetland/watercourse buffers as defined pursuant to
this chapter. The map shall be available for inspection in the Town
Conservation and Building Departments.
WETLAND/WATERCOURSE BUFFER
The area surrounding a wetland or watercourse extending 100
feet horizontally away from the outermost boundary of a wetland or
watercourse and/or point of mean high water of a wetland or watercourse.
WETLAND/WATERCOURSE PERMIT OR PERMIT
The permit required under this chapter to conduct regulated
activities, which permit is in addition to and separate from any other
permits required under local, state or federal law.
The following activities may be conducted within
any wetland, watercourse or wetland/watercourse buffer without a wetlands
permit to the extent that they are not prohibited by any other ordinance:
A. Repair of existing structures, including interior
renovations, walkways, walls, and docks, where the work does not involve
use of any machinery directly within the wetland or watercourse;
B. Normal grounds maintenance, including selective trimming
and pruning of vegetation, and removal of dead or diseased vegetation,
except through the application or use of herbicides, within the wetland/watercourse
buffer only;
C. Operation and maintenance of existing dams, retaining
walls, terraces, culverts or other water-control structures, and piers
or docks as legally existed on the effective date of this chapter
and subject to conditions that apply to nonconforming uses;
D. The depositing or removal of the natural products
of the wetland by recreational or commercial fishing, and shellfishing,
where otherwise legally permitted; and
E. Public health activities of the Westchester County
Department of Health or the New York State Department of Health for
emergencies only.
Except as provided in §
114-4 hereof, it shall be unlawful to conduct, directly or indirectly, any of the following activities within any wetland/watercourse or within the wetland/watercourse buffer unless a permit has been obtained pursuant to §
114-6 hereof:
A. Placement or construction of any structure, including
dams, docks, water-control devices, groins, bulkheads, berms, floating
docks, pilings, bridges, storage tanks, and other stabilization structures;
B. Any form of draining, dredging, excavation or removal
of material either directly or indirectly;
C. Any form of dumping, filling, discharging, or depositing
of material either directly or indirectly;
D. With the exception of pet containment systems and
irrigation systems, the installation of any service lines, cable conduits
or utilities which are either greater than three feet wide or four
feet deep or 20 feet long;
E. Introduction of any form of pollution, by such means
including, but not limited to, the installation of a septic system,
running of a sewer or stormwater outfall or discharge of sewage treatment
effluent, or other solid or liquid waste into or so as to drain into
a wetland or watercourse;
F. Activities altering or modifying natural drainage
patterns, natural features or contours of wetlands or watercourses;
G. Installation of any drainage or water supply pipes
or wells;
H. Installation of an impervious surface larger than
100 square feet;
I. Operation of construction vehicles and equipment and
all-terrain vehicles;
J. Installation of dry wells, retention basins, filters,
open swales or ponds; and
K. Any other activity that may impair the natural function(s) of a wetland as found in §
114-1 of this chapter.
[Amended 1-20-2016 by L.L. No. 1-2016]
The Building Inspector or the Director of Building
Code Enforcement and Land Use Administration or either's designated
representative shall be the enforcement officer for this chapter.
No work or activity subject to review under this chapter shall be
commenced or undertaken until a wetlands permit has been approved
by the Planning Board. The Town of Mamaroneck is specifically empowered
to seek injunctive relief restraining any violation or threatened
violation of any provisions of this chapter and/or compel the restoration
of the affected wetland, watercourse or wetland/watercourse buffer
to its condition prior to the violation of the provisions of this
chapter.
A. Civil sanctions. Any person who violates any of the
provisions of this chapter, including any requirement with regard
to a wetlands permit, shall be liable for a civil penalty of not more
than $3,000 for every such violation. Each consecutive day of violation
will be considered a separate offense. Such civil penalty may be released
or compromised by the approving authority.
B. Injunctive relief. The approving authority shall have
power, following a hearing, to direct the violator to restore the
affected wetland to its condition prior to the violation.
C. Criminal sanctions. Any person, firm or corporation
who knowingly, or willfully, violates any of the provisions of this
chapter or permits issued thereunder, upon conviction thereof of the
first offense, shall be guilty of a violation punishable by a fine
of not less than $500 and not more than $1,000 and for a second offense
and each subsequent offense, shall be guilty of a violation punishable
by a fine of not less than $1,000 nor more than $2,000 or a term of
imprisonment of not more than 15 days, or both. In addition to these
punishments, any offender may be ordered by the court to restore the
affected wetland to its condition prior to the offense. Each consecutive
day of violation will be considered a separate offense.
D. Stop-work order. The Building Department may suspend
or revoke a permit in the form of a stop-work order if it finds that
the applicant or permittee has not complied with any or all of the
terms of such permit, has exceeded the authority granted in the permit,
or has failed to undertake the project in the manner set forth in
the approved application.
(1) If a stop-work order is issued it shall be set forth
in writing, a copy of which shall be filed with the Town Building
Department, and shall contain the findings and reasons for issuing
the stop-work order pursuant to this section.
(2) The stop-work order shall have the effect of suspending
all authorizations and permits granted by the Town or any agency thereof.
(3) The stop-work order shall remain in effect until the
approving authority is satisfied that the permittee has complied with
all terms of the subject permit or until a final determination is
made by the approving authority.
[Amended 1-20-2016 by L.L. No. 1-2016]
A. Within 30 days after completion of all work authorized
under a permit issued in accordance with this chapter, the applicant
shall notify the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration of such completion. For all
work undertaken pursuant to permits approved by the Planning Board,
the applicant shall, if required, submit as-built drawings as to the
variation from the permit. Within 30 days of such notification and
submission, the Building Department shall inspect the work for compliance
with all conditions of the permit.
B. When all work authorized under a permit is deemed
acceptable, the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration shall issue a certificate
of completion.
C. When work authorized under a permit is deemed not
acceptable, the Building Inspector or the Director of Building Code
Enforcement and Land Use Administration or either's designated representative
shall so notify the applicant. The notification of noncompliance shall
include a list of all conditions in violation of the terms of the
permit and shall specify a time limit for the correction of all items
so listed.